31976R0501

No L 59 /22 Official Journal of the European Communities 6 . 3 . 76

COMMISSION REGULATION ( EEC) No 501 / 76 of 5 March 1976 concerning the repetition of an invitation to tender for the supply of butteroil bought on the Community market to UNICEF as food aid for Bangladesh

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products,

Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No Article 1 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 740/75 (2), and in 1 . Tenders are invited in accordance with the provi­ particular Article 6 (7) thereof, sions of Regulations ( EEC) No 1541 /75 and ( EEC) No 1542/75 for the supply to UNICEF of 600 metric tons of butteroil for Bangladesh, manufactured from butter­ Whereas Council Regulation ( EEC) No 1542/75 of 16 fats which are of Community origin and not taken June 1975 on the supply of milk fats as food aid to from public stocks, of which : certain developing countries and international organi­ — 450 metric tons to be take from the 2 000 metric zations under the 1975 food-aid programme (3), tons set aside for UNICEF . provides inter alia for the supply of 2 000 metric tons of butteroil to UNICEF delivered destination as well — 150 metric tons to be taken from the 4 550 metric as for a 4 550 metric tons reserve stock ; whereas tons reserve stock . UNICEF has made a request for delivery of 600 metric tons of butteroil for Bangladesh ; This delivery is divided up into the following lots :

— Lot A : 200 metric tons of which 100 metric Whereas on account of the market situation for butter tons cif Chittagong, 100 metric tons cif in the Community, the supply of the abovementioned Chalna, quantity should be ensured by means of butterfat avail­ able on the Community market in accordance with the shipping having to take place before 30 April Article 2(2) of Council Regulation (EEC) No 1541 /75 1976 ; ot 16 June 1975 laying down general rules for the supply of milk fats as food aid to certain developing — Lot B : 200 metric tons of which 100 metric countries and international organizations under the 1 1975 food-aid programme ^); whereas, for this tons cif Chittagong, 100 metric tons cif purpose, Commission Regulation ( EEC) No 170/76 of Chalna, 26 January 1 976 (5) has provided for an invitation to tender which had to be cancelled ; the shipping having to take place after 20 and before 31 May 1976 ; Whereas a new invitation to tender should therefore be issued for which detailed rules should in the main — Lot C : 200 metric tons of which 100 metric be those of Commission Regulation (EEC) No tons cif Chittagong, 2660/75 of 20 October 1975 on invitations to tender 100 metric tons cif Chalna, for the supply of butteroil bought on the Community market as food aid to certain developing countries and to the World Food Programme (6), except for the provi­ the shipping having to take place after 20 and sions concerning the way of delivery ; before 31 August 1976.

(>) OJ No L 148 , 28 . 6 . 1968 , p. 13 . 2. As regards the tendering procedure and the (2 ) OJ No L 74, 22. 3 . 1975, p. 1 . conditions governing the manufacture of the butteroil, (3) OJ No L 157, 19 . 6 . 1975, p. 6 . the provisions of Regulation (EEC) No 2660/75 shall (4) OJ No L 157, 19 . 6 . 1975, p . 4. (*) OJ No L 19 , 28 . 1 . 1976, p . 12. apply by analogy, without prejudice to the special (0) OJ No L 270 , 21 . 10 . 1975, p . 11 provisions below.

6 . 3 . 76 No L 59 / 23 Official Journal of the European Communities

Article 2 The rates and conditions of such demurrage to be laid down in the contract between the successful tenderer 1 . The butteroil shall comply, as regards quality and the carrier must be agreed in advance between the and packaging, with the conditions laid down in the successful tenderer acting as agent for the Community Annex to Regulation (EEC) No 2660/75 and shall be and the receiving agent of the recipient organization . put up in 5 kg canisters only.

2. The words to be printed on the packaging, as Article 4 provided in Chapter II 2 (b) of the abovementioned Annex, shall be the following : 1 . The intervention agency concerned shall notify to the recipient organization the date of loading, the ' Butteroil — Gift of the European Economic Commu­ quantity and quality of the goods as recorded at the nity — Action of the United Nations Children's Fund time of loading, the port of unloading. (UNICEF).'

2. The successful tenderer shall inform the recip­ Article 3 ient organization at least 10 days before the antici­ pated date. The successful tenderer has a clause 1 . Delivery cif shall be deemed to take place when the goods are actually set down on the quayside at the inserted in the charter-party obliging the captain to give the country of destination at least 72 hours notice port of unloading or on lighters where the latter method is used . of the probable date of arrival of the vessel in port.

2. The recipient organization shall remit at the Article 5 delivery cif, to the successful tenderer, a certificate proving the taking of the goods as referred to in The closing date for the submission of tenders shall Article 1 1 (2) of Regulation (EEC) No 2660/75. be 23 March 1976 at 12 noon . 3. The recipient organization shall be responsible for all expenditure incurred after delivery, including Article 6 acceptance costs . Any cjemurrage costs at the port of unloading due to This Regulation shall enter into force on the day delay^ for which the recipient organization is respon­ following its publication in the Official Journal of sible shall be borne by that country. the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 March 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission